Hong Kong Case Law: Decisions & Judgments

Topic

Loss assessment

Legal area

Court

7 Apr 2025

CHEUK KIT MAN v. FWD LIFE INSURANCE COMPANY (BERMUDA) LTD AND OTHERS

Citation

[2025] HKCFI 1369
Court

Court of First Instance
Case number

HCA1713/2017

No implied term restricting exercise of the express contractual right to terminate under cl.7.3 was necessary or obvious; the plaintiff did not prove she solicited colleagues or indicated intent to leave, nor that marital or family status was the reason for termination under SDO/FSDO; therefore no breach of IAA and the insurer’s counterclaim for repayment under express clawback and set-off provisions succeeds, with contractual interest and indemnity costs awarded.
31 May 2023

LAU LAI SHAN LISA v. ZHANG QI AND OTHERS

Citation

[2023] HKCFI 1465
Court

Court of First Instance
Case number

HCA1992/2019

The summons for fortification was dismissed because the 1st Defendant failed to establish a significant change of circumstances warranting the late application (consolidation did not materially increase delay or costs and the alleged property market downturn did not demonstrate a real reduction in the plaintiff's security) and, on the merits of the ordinary test, the 1st Defendant did not prove or adequately quantify the likelihood of significant loss nor show that the plaintiff would be unable to make good such loss; therefore fortification was not just and proper.
9 Jul 1998

HKSAR v. CHUNG HON KAY

Citation

HKSAR v. CHUNG HON KAY
Court

Court of Appeal
Case number

CACC177/1998

The Court held the aggregate sentence of 3 years 4 months, arrived at by applying appropriate starting points, concurrent service of sentences and the usual one-third guilty plea discount, was proportionate to the breach of trust, use of forgery and the scale of losses; the appeal was dismissed and leave refused.

Hong Kong Case Law

CHEUK KIT MAN v. FWD LIFE INSURANCE COMPANY (BERMUDA) LTD AND OTHERS

LAU LAI SHAN LISA v. ZHANG QI AND OTHERS

HKSAR v. CHUNG HON KAY